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Emma Williamson looks at why it may not be practical to re-employ a dismissed employee even if this is what they want ‘If a claimant’s evidence indicates mistrust in the respondent (as per Nothman ) or that the claimant’s objective is vindication (as per McBride ), an order will be less likely.’ This article considers …
Continue reading "Unfair Dismissal: The role of trust and confidence in reinstatement and re-engagement"
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Benedict Gorner and Clare Gregory summarise the employment law provisions contained in the Enterprise and Regulatory Reform Act 2013 ‘Prudent employers are likely to continue to take steps to prevent third-party harassment, both to avoid potential liability and to maintain good employee relations.’ Employment legislation has rarely been out of the media spotlight recently, as …
Continue reading "Employment Law Reform: Shake it up"
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Catrina Smith and Kennedy Masterton-Smith consider UK and EU proposals to curb pay in the financial sector ‘There is some unease about the practical effect of limiting variable pay. Some institutions may resort to increasing base salaries, but there is a concern in the market about the sustainability and impact of this change.’ There is …
Continue reading "Executive Remuneration: Bonuses go in one direction"
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The Court of Appeal has recently ruled on whether a verbal promise made at a staff meeting can be contractually binding, explain Ruth Bonino and Adam Lambert ‘The decisions concern the question of whether verbal promises made to staff amounted to contractual obligations, so they provide important lessons for any business which makes verbal commitments …
Continue reading "Bonus Payments: My word is my bond"
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Sarah Ozanne examines two recent cases on employers’ obligations to inform and consult in redundancy and TUPE situations ‘The court in Susie Radin stated that the tribunal has a wide discretion and should focus on the seriousness of the employer’s failure. Factors to take into account include whether the employer’s failure was deliberate and whether …
Continue reading "Collective Consultation: Awards for failure to engage with employees"
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During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph ‘An employer needs to strike a balance between its obligation to co-operate with a regulatory investigation and an employee’s right to be treated fairly and reasonably.’ Employers …
Continue reading "Regulatory Obligations: Dealing with the employment aspects of an investigation"
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Hannah Cunningham examines the litigation risk faced by employers who wish to turn down candidates or dismiss employees who have brought claims against a former employer ‘This article considers when liability for victimisation arises; what duties (if any) individuals have to disclose past or ongoing tribunal claims to their prospective or current employer.’Some employers believe …
Continue reading "Victimisation: A dilemma for employers"
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Charles Wynn-Evans reports on some new decisions on employment tribunal procedure ‘It cannot be right to allow a case which otherwise has no reasonable prospect of success to proceed simply on the basis that “something may turn up” during the course of the hearing.’ There has been plenty of coverage of the new employment tribunal …
Continue reading "Tribunal Procedure: Lessons from recent case law"
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